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Case T-97/08: Judgment of the General Court of 13 September 2010 — KUKA Roboter v OHIM (Shade of orange) (Community trade mark — Application for a Community trade mark consisting of a shade of orange — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62008TA0097
62008TA0097
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6.11.2010
Official Journal of the European Union
C 301/26
(Case T-97/08)(1)
(Community trade mark - Application for a Community trade mark consisting of a shade of orange - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
2010/C 301/41
Language of the case: German
Parties
Applicant: KUKA Roboter GmbH (Augsburg, Germany) (represented by: A. Kohn and B. Hannemann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 December 2007 (Case R 1572/2007-4), concerning an application for registration of a shade of orange as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders KUKA Roboter GmbH to pay the costs.
OJ C 107, 26.4.2008.